Author

Whelan, Christopher J.

Bibliographic Citation

Journal of Medical Ethics. 1988 Jun; 14(2): 70-76.

Abstract

Recent debates about redress mechanisms for medical accident victims
have been sidetracked by fears of an American-style medical malpractice
crisis. What is required is a framework within which the debate can resume.
This paper proposes such a framework by focusing on the compensation and
deterrence objectives and placing them in the wider context of the social
costs of providing medical services. The framework is then used to assess and
compare the effectiveness of differing approaches. In particular, the
American and British experiences of litigation, including the concept of
'defensive medicine', are evaluated. Also discussed briefly are alternatives
to court-based complaints procedures including 'no-fault' schemes,
professional ethics and internal complaints mechanisms.